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CITY OF EDMONDS
121 5t" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
BEFORE THE HEARING EXAMINER FOR THE CITY OF EDMONDS
Phil Olbrechts, Hearing Examiner
RE: Edmonds Public Works
Noise Variance FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
PLN2015-00063
SUMMARY
The applicant has requested a variance to the City of Edmonds noise standards for
temporary nighttime construction work for a sanitary sewer maintenance project on
Highway 99 between 2161h and 220th Streets SW between the hours of 10:00 P.M. and
7:00 A.M. for five (5) nonconsecutive nights between March 1 and December 31,
2016. The variance application is approved subject to conditions.
ORAL TESTIMONY
Mike Clugston, City of Edmonds Associate planner, summarized the staff report. In
response to examiner questions Mr. Clugston noted that the closest residential
development is 250 feet northwest of the project site. Noise at the residential area
caused by the proposed construction work should be similar to ambient noise levels.
Ed Sibrel, City of Edmonds Public Works, testified that as project manager he would
operate the 24-hour complaint line for the project.
EXHIBITS
The staff report and its 11 attachments were admitted into the record as Exhibit 1
during the hearing held on January 28, 2016.
Noise Variance
P. 1 Findings, Conclusions and Decision
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FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is the City of Edmonds Public Works
Department.
2. Hearing. A hearing was held at 3:00 pm on January 28, 2016.
Substantive:
3. Site/Proposal Description. The applicant has requested a variance to the
City of Edmonds noise standards for temporary nighttime construction work for a
sanitary sewer maintenance project on Highway 99 between 2161h and 220th Streets
SW between the hours of 10:00 P.M. and 7:00 A.M. for five (5) nonconsecutive
nights between March 1 and December 31, 2016. Page 2 of Att. 1 to Ex. 1 identifies
the noise levels proposed by the applicant, which includes a maximum of 89 dBA at a
distance of 50 feet from jackhammers. Ambient noise levels recorded at various
points along the project area as depicted in Att. 6, Ex. 1 also reach 89 dBA.
4. Neighborhood Characteristics. The project area is surrounded by
commercially zoned and developed properties. Commercial development and
Swedish Hospital are located west of the Highway 99 in the project area. Similar
commercial development is located east of the road in the cities of Lynnwood and
Mountlake Terrace. The closest residentially developed property is located 250 feet to
the northwest of the project site.
5. Adverse Impacts. The noise generated by the proposal will not create
significant impacts to residents of properties in the vicinity. Most significant, the
closest residential property is located 250 feet from the subject property and
according to City staff the noise levels at this residential property will be close to
ambient levels due to the distance separation. The staff observations on this issue are
corroborated by ambient noise levels taken in Att. 6, Ex. 1, although there is not
enough data in the administrative record to compare the duration of maximum noise
levels. The applicant has also proposed all of the mitigation measures, Ex. 7, that can
be reasonably required of an applicant, as demonstrated by the fact that the same
exhaustive list of mitigation measures has been proposed and adopted in prior
Edmonds examiner decisions. The only other mitigation that could be considered
would be requiring the construction work to be done during the day. Given the traffic
impacts of such a requirement on SR 99, the adverse impacts of such a requirement
(traffic congestion caused by lane closures) would be far worse than just doing the
work at night. The project area accommodates 21,000 trips per day southbound and
18,000 trips per day northbound.
Noise Variance
p. 2 Findings, Conclusions and Decision
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CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ECDC 5.30.120(C)(3) provides that noise
variances shall be processed the same as zoning code variances regulated by ECDC
20.85.020. ECDC 20.85.020 provides the Hearing Examiner with the authority to
review and act upon variance applications as Type III -A applications.
Substantive:
2. Review Criteria and Application. As identified in Finding of Fact No. 3,
the project will generate nighttime noise levels up to 89 dBA 50 feet from the noise
source. ECDC 5.30.040, in conjunction with ECDC 5.30.050(A), limits noise levels at
commercial receiving properties to 70 dBA and 50 dBA for residential receiving
properties between the hours of 10:00 pm and 7:00 am. As noted in the staff report,
the noise generated by the proposal during daylight hours is exempt from Chapter 5.30
ECDC standards as construction noise. ECDC 5.32.120(C)(3) authorizes variances to
the noise standards of Chapter 5.30 ECDC provided that the variance satisfies the
criteria of ECDC 5.30.120(A) and (B). ECDC 5.30.120(A) and (B) are quoted below
in italics and applied through corresponding conclusions of law.
ECDC 5.30.120(A): Variances maybe granted to any person from any requirement
of ECC 5.30.040 or 5.30.110 if findings are made that immediate compliance with
such requirement cannot be achieved because of special circumstances rendering
immediate compliance unreasonable in light of economic or physical factors,
encroachment upon an existing noise source or because of nonavailability of feasible
technology or control methods.
3. Special circumstances justify the noise variance because there is no other
mitigation available that could involve feasible technology or control methods as
determined in Finding of Fact No. 5.
ECDC 5.30.120(B): Any such variance or renewal thereof shall be granted only for
the minimum time period found to be necessary under the facts and circumstances.
4. The applicant proposes a maximum of five (5) nonconsecutive nights for
the variance, which it has determined is necessary for completion of the proposed SR
99 improvements at night. The applicant has no discernible reason to extend the
construction period for any time longer than necessary. There being no evidence to
the contrary, it is determined that the requested variance is for the minimum time
period necessary to complete the project.
Noise Variance
p. 3 Findings, Conclusions and Decision
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DECISION
The variance application is approved, subject to the following conditions:
1. A copy of the noise variance must be kept on the project site at all times.
2. The proposed noise mitigation measures described in Attachments 1 and 7
must be implemented, as applicable.
3. The noise variance shall be valid for only five (5) nights between March 1 and
December 31, 2016. The Department of Public Works must notify the
Planning Department each time the variance is used.
4. The granting of this variance does not relieve the City of Edmonds
Department of Public Works from the remainder of the requirements and
standards of the noise ordinance.
Dated this I Ith day of February, 2016.
Phir A.Olbrechts
Edmonds Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to appeal to superior court. Appeal periods
are short and appellants are encouraged to speak to an attorney about how and when
such appeals should be filed.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Noise Variance
p. 4 Findings, Conclusions and Decision